Download or read book Chinese Antitrust Exceptionalism written by Angela Zhang and published by Oxford University Press. This book was released on 2021-02-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's rise as an economic superpower has caused growing anxieties in the West. Europe is now applying stricter scrutiny over takeovers by Chinese state-owned giants, while the United States is imposing aggressive sanctions on leading Chinese technology firms such as Huawei, TikTok, and WeChat. Given the escalating geopolitical tensions between China and the West, are there any hopeful prospects for economic globalization? In her compelling new book Chinese Antitrust Exceptionalism, Angela Zhang examines the most important and least understood tactic that China can deploy to counter western sanctions: antitrust law. Zhang reveals how China has transformed antitrust law into a powerful economic weapon, supplying theory and case studies to explain its strategic application over the course of the Sino-US tech war. Zhang also exposes the vast administrative discretion possessed by the Chinese government, showing how agencies can leverage the media to push forward aggressive enforcement. She further dives into the bureaucratic politics that spurred China's antitrust regulation, providing an incisive analysis of how divergent missions, cultures, and structures of agencies have shaped regulatory outcomes. More than a legal analysis, Zhang offers a political and economic study of our contemporary moment. She demonstrates that Chinese exceptionalism-as manifested in the way China regulates and is regulated, is reshaping global regulation and that future cooperation relies on the West comprehending Chinese idiosyncrasies and China achieving greater transparency through integration with its Western rivals.
Download or read book Private Litigation Under China s Anti Monopoly Law written by Alexandr Svetlicinii and published by . This book was released on 2018 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing scale of enforcement of China's Anti-Monopoly Law (AML) has drawn the attention of multinational businesses, their legal counsels, and the academic community concerned with the development of this branch of law. While much of the public discourse has evolved around the public enforcement of the AML by the administrative authorities, relatively little attention has been paid to the development of the judicial practice of private anti-monopoly litigation. The present paper is a result of the empirical case law research based on the analysis of the published court judgments guided by the judicial interpretations issued by the Supreme People's Court. The research addresses the procedural law aspects that continue to influence the development of private enforcement of the AML in China: legal standing of the plaintiff, burden and standard of proof, assessment of economic evidence, available judicial remedies, etc. The paper demonstrates how the specified procedural rules have affected the judicial practice and attempts to map the directions for further development of China's legal framework for private enforcement of the AML. The paper also contributes to the broader discussion on the reform of the private enforcement of competition law, which is currently being undertaken in the European Union and other national and regional competition law regimes worldwide.
Download or read book China s Anti Monopoly Law written by Adrian Emch and published by Kluwer Law International B.V.. This book was released on 2013-07-01 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: It probably goes without saying that anti-monopoly law and practice are of very recent vintage in China. In August 2008, 118 years after the Sherman Act and 50 years after the Treaty of Rome, China’s Anti-Monopoly Law (AML) came into effect. Since then the enforcement of the AML has seen significant progress as well as considerable challenges. This volume, comprised of 27 highly informative contributions by more than 40 government officials, academics, economists, in-house lawyers, and private practitioners, introduces novice practitioners to the complexities of antitrust law in China and provides new insight for those already working in the field. Generally following the structure of the text of the AML, topics and issues covered include the following: an overview of the first five years of AML implementation; the institutional framework for antitrust enforcement in China; monopoly agreements between market players; abuses of dominance committed by a single company; problems and potential solutions for information exchanges between competitors; the economics underlying retail price maintenance; refusals to deal; procedural and substantive practice of merger decisions; the application of merger control to joint ventures; ‘administrative monopolies’ and the tension between competition and industrial policies; ways to seek legal redress; litigation (both administrative and civil) and the role of the courts; international cooperation efforts made in relation to Chinese antitrust enforcers; the relationship between the AML and China’s anti-bribery rules; the treatment of vertical integration or cooperation; and how the AML rules apply to intellectual property rights. Throughout the book there are analyses of major judgments with key conclusions to be drawn from them, as well as comparisons with corresponding judgments in other jurisdictions. This book is the first comprehensive analysis of the AML, and as such will be of inestimable value to business persons and in-house counsel, as well as to academics in Chinese law and competition law from a global perspective.
Download or read book The Enforcement of the Anti Monopoly Law in China written by Angela Huyue Zhang and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unveiling of the Anti-Monopoly Law (the “AML”) on August 30, 2007 marked a symbolic commencement of a new era of competition for China. Since the law was enacted in 2008, every move made by the Chinese antitrust authorities has been closely watched by the international community. While much attention has been devoted to second-guessing the political motives behind each of the Chinese government's decisions, little effort has been directed to studying problems in the institutional framework for implementing the AML. This article identifies three problems in the institutional design of China's antitrust enforcement system and calls for attention to remedy them. The first problem originates from China's tripartite system of administrative enforcement, which will lead to many potential conflicts between the National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce (“SAIC”), the two agencies that share enforcement responsibilities in the areas of restrictive agreements and abuse of dominant positions. While decentralization of enforcement has some modest benefits such as promoting competition among agencies and hedging the risks if any single agency fails to perform, it is imperative for NDRC and SAIC to have a work-sharing agreement that clearly delineates their rights and obligations in cases of concurrent jurisdiction. Moreover, the Anti-Monopoly Commission should set up a formal supervisory mechanism to resolve potential conflicts among the administrative enforcement agencies. Second, the concentration of authority in the Ministry of Commerce (“MOFCOM”) in the merger control regime has led to a myriad of adverse consequences including asymmetric bargaining, prosecutor bias, selective enforcement and lack of transparency. In this regard, China could learn from the E.U.'s experience and introduce more checks and balances into its merger control regime. Finally, private litigation has not been successful in China due to the challenges plaintiffs face in satisfying their burden of proof under the AML. However, private enforcement is an indispensible complement to public enforcement and should be encouraged in China.
Download or read book The Chinese Anti Monopoly Law written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on experiences with the Anti-Monopoly Law (AML) of 2007 in China. It uses carefully-chosen case studies to examine how the competition authorities in China discuss cases and how they use economic reasoning in their decision-making process. Bringing together comparative perspectives, the expert contributors discuss the practice of the Anti-Monopoly Law in China from the viewpoints of European and American competition policy. Several very current topics are given specific attention, including enforcement, the role of the state, how to define the relevant market and how to apply the AML to regulated industries. The book also indicates the scope for mutual learning on how to improve the AML. The Chinese Anti-Monopoly Law will appeal to competition lawyers, attorneys-at-law dealing with economic law generally, civil servants and policy makers, comparative lawyers and social scientists with an interest in developments in China.
Download or read book Enforcement Under China s Anti Monopoly Law written by Xiaoye Wang and published by . This book was released on 2020 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the launch of the Opening-Up and Reform Policy in the late 1970's, China has undertaken the difficult transition from a planned economy to a market economy. In parallel with the significant economic reforms, China's legal system has been remodelled. The Anti-Monopoly Law is a key law in China's effort to lay out the legal framework for an effective market economy.Each of the three antitrust enforcement agencies in China has achieved progress, and private litigation in courts is evolving quickly. Nonetheless, as China's transition has not been completed, it is natural that antitrust enforcement encounters considerable challenges. The lawsuit against the General Administration of Quality Supervision, Inspection and Quarantine, the questions raised in relation to the China Unicom/China Netcom merger and the issue in the TravelSky case illustrate some of these challenges. China should continue its efforts to increase the effectiveness of antitrust enforcement. In particular, it is necessary to raise the awareness in society about the concept of competition and the importance of competition policies, and to improve the authorities' antitrust enforcement capabilities.
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique perspective of China's competition law that is situated within its legal, institutional, economic, and political contexts. Adopting a framework that focuses on key stakeholders and the relevant governance and policy environment, and drawing upon stakeholder interviews, case studies, and doctrinal analysis, this book examines China's anti-monopoly law in the context of the political economy from which it emerged and in which it is now enforced. It explains the legal and economic reasoning used by Chinese competition authorities in interpreting and applying the anti-monopoly law, and offers valuable and novel insights into the processes and dynamics of law- and decision-making under that law. This book will interest scholars of competition law and professionals advising clients that operate in China, as well as scholars of Chinese law, Asian law, comparative law, and political and social science.
Download or read book Competition Law in China written by Xiaoye Wang and published by Kluwer Law International B.V.. This book was released on 2018-02-27 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the China covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the China will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.
Download or read book Competition Law in China written by Jingyuan Ma and published by Springer Nature. This book was released on 2020-05-13 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to the developmental history and structural framework of Chinese competition law from a law and economics perspective. It examines the philosophical foundations, the substantive law, and enforcement issues concerning competition law and policy in China by pursuing an economic and comparative approach. Further, the book presents and analyzes competition cases involving monopolistic agreements, abuse of dominant position, and concentration. The book will help professionals and business practitioners to understand the distinct features of competition law and policy in China, and how the substance and enforcement of the law can be compared with competition regulations in the US and EU from an economic perspective. Given its scope, it offers a valuable guide for academic, public sector and professional audiences alike, and will appeal to researchers, students and anyone with an interest in economic law and policy in China. The book can also be used as reading material to accompany courses such as China’s Competition Law and Policy, Comparative Competition Law, and Market Regulation in China for foreign students studying Chinese law and policy at the undergraduate, graduate and doctoral levels.
Download or read book Competition Laws Globalization and Legal Pluralism written by Qianlan Wu and published by A&C Black. This book was released on 2014-07-18 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building upon a theoretical framework and empirical research, this book provides a thought-provoking analysis of the interests, strategies and challenges that China has faced in developing its Anti-Monopoly Law (AML) in the context of economic globalization. The book comprises three main parts: Part I reviews the directions of convergence of global competition law; Part II provides a contextual analysis of China's market governance and its strategic interests; and Part III examines the latest enforcement of the Anti-Monopoly Law by focusing on the interactions between global actors and China, the relationships between Chinese competition and sectoral regulators, and the enforcement of global competition law norms in the Chinese context. This book is one of the first to provide a critical understanding of China's experience as a new competition regulator, set against the background of the plural sources of global competition laws.
Download or read book The Private Enforcement of Anti monopoly Law in a Transitional China an Analysis from Economic and Comparative Perspectives written by and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trade Associations and Private Antitrust Litigation in China written by Qian Hao and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trade associations present a peculiar issue in China's competition law, due to their unusual origin and development. To facilitate the still on-going government restructuring during the past three decades, most of China's trade associations were created primarily to take over the redundant/retired officials and regulatory functions that reorganized administrative agencies had to divest. The inherent semi-government role of the trade associations in China often enables them to exert a greater influence on the market competition than their counterparts in mature market economies. Trade associations have figured largely in China's competitive landscape. In the drafting process of the Anti-Monopoly Law (AML), cartels orchestrated by trade associations already posed a major concern regarding private monopolies. Since the AML entered into force in August 2008, trade associations have remained in the spotlight in enforcement activities. However, at the same time, not many private antitrust suits have been brought against trade associations. In fact, Article 50 of the AML generally states that a business operator “shall bear civil liabilities” if its monopolistic conduct causes losses to aggrieved parties. In the Provisions on Several Issues concerning the Application of Law in the Trial of Civil Dispute Cases Arising from Monopolistic Conduct published in May 2012, the Supreme People's Court further lists “articles of association in violation of the AML” as a cause of civil action against trade associations. These provisions seem to have paved the way for private parties to bring a civil lawsuit against trade associations violating the AML. Yet they also leave much room for interpretation and point to general issues in civil law and procedure, the application of which in relation to the AML remains largely unexplored. In contrast to administrative sanctions on trade associations pursuant to Article 46(3) of the AML, the legal basis for enforcement activities, it is unclear in the law whether or to what extent in a civil lawsuit a trade association should be held liable for losses caused by monopolistic conduct by its members but organized by the association. As a result, so far private antitrust suits against trade associations have not appeared to be a desirable option. On the other hand, the limited number of antitrust cases in which a trade association was indeed sued for civil damages sheds important lights on how the courts have tackled ambiguities in the law. This paper examines some of the major issues that the courts have addressed in several reported court judgments of such cases, in the context of both the AML and relevant laws, in order to analyze the emerging legal rules applicable in civil suits against trade associations for AML violations.
Download or read book Enhancing the Antitrust Damages Action in China written by Xue Gan and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 50 of the Anti-Monopoly Law of China (AML) 2007 and its complementing rules, the Judicial Interpretation 2012 of the Supreme People's Court (SPC), have provided a legal framework for the antitrust damages action in China. However, the general and ambiguous language of Article 50 and the Judicial Interpretation 2012 fails to provide clear guidance for the courts and parties to antitrust damages actions, in terms of key issues, such as quantification of antitrust damages and the availability of collective action. Moreover, the current framework provided by the AML 2007 has not touched on some controversial issues, such as whether damages litigation is possible against antitrust violations conducted by an administrative agency. These weakness and gaps have impeded the development of the antitrust damages mechanism in China.Meanwhile, the EU has adopted Directive 2014/104 to facilitate private enforcement of competition law in the Member States. Due to the similarity in the combined public/private enforcement model of competition law between the EU and China, the thesis adopts the private enforcement mechanism of EU competition law, as a comparative reference. In doing so, the thesis seeks to fill in some gaps in the existing antitrust damages mechanism provided by the AML 2007, by focusing not only on civil procedural issues in the antitrust damages action against private anticompetitive behaviour, but also examining the administrative litigation procedures and substantive issues involved in the antitrust damages action against administrative monopoly.Regarding the debate on compensation vs. deterrence as goals of antitrust damages actions in China, the thesis contributes to this debate, by submitting that full compensation should be the goal actively pursued by antitrust damages actions, while deterrence, as a side effect of antitrust damages actions, complements optimal deterrence pursued by public enforcement of the AML. Then the thesis examines the quantification of antitrust damages which is directly linked to the achievement of full compensation.The thesis also seeks to propose a workable collective action mechanism for antitrust damages actions in China, which is indispensable to achieving full compensation in an antitrust mass harm situation. By referring to the recent reform of collective actions adopted in the UK, where opt-out collective proceedings have been introduced into the antitrust collective action, the thesis finds that opt-out proceedings would be a good incentive to support the initiation of antitrust damages litigation in China, while proper limitations are needed to be imposed on its application in order to avoid US-style unmeritorious litigation.In addition to private anticompetitive behaviour, the thesis also explores the antitrust damages mechanism against public anticompetitive behaviour, from both substantive and procedural perspectives. It finds that a proportionality test would be an approach to consider when assessing whether an anticompetitive administrative measure is justified on the grounds of public interest, or alternatively whether such regulation or behaviour amounts to abusive and ultimately illegal conduct. In the procedural aspect, the thesis proposes a two-step procedure, including first, judicial review of the alleged measure, and second, the follow-on damages assessment; and the requirement for a compulsory linkage to be established between them.
Download or read book Competition Policy and Law in China Hong Kong and Taiwan written by Mark Williams and published by Cambridge University Press. This book was released on 2005-09-08 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive guide to the competition regimes of China, Hong Kong and Taiwan.
Download or read book Developments in Chinese Anti Monopoly Law written by Paul Kossof and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent litigation between Huawei Technologies and InterDigital Group in the People's Republic of China has been closely followed by the international legal community due to its relation to cases in the United States and implications for intellectual property holders and licensees. This article analyzes this important case and potential effects on anti-monopoly litigation in China.
Download or read book Revisiting China s Competition Law and Its Interaction with Intellectual Property Rights written by Guangjie Li and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the dynamics of EU competition policy as a reference, the author provides a historical perspective of China's competition law, enforcement mechanisms and future challenges against the background of ongoing economic reforms and the concomitant modernisation of the judicial system. Readers are familiarised with the main principles of China's IP Guidelines. Recent judicial and administrative landmark decisions are covered as well. The author studies issues at the nexus between China's competition law and IP regime. Coherent goals of the two legal systems are achieved through seemingly opposite means: Safeguarding free competition for all market players versus granting exclusive rights to IP owners. It is a constant challenge for China's competition authorities to strike an optimal balance when applying competition law to the exercise of IP rights.
Download or read book Competition Policy and Regulation written by Michael G. Faure and published by Edward Elgar Pub. This book was released on 2011 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: '. . . this edited collection should make for an interesting read for those interested in Chinese competition law, especially in abuse of administrative monopoly.' - Thomas K. Cheng, World Competition This unique book considers competition policy and regulation in light of the recent introduction of the anti-monopoly law in China. It addresses the relevance of competition policy for China from a broad theoretical and practical perspective, bringing together lawyers and economists from China, Europe and the US to provide an integrated law and economics approach.
